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Last month, the Australian Tax Office (ATO) issued a notice outlining its new data collection and surveillance requirements for cryptocurrency service providers in Australia.
This initiative is part of a broader effort to enhance tax compliance within the cryptocurrency sector.
For the financial years 2023-24 to 2025-26, the ATO will acquire extensive data from cryptocurrency designated service providers. The targeted data includes:
Names, addresses, dates of birth, phone numbers, social media accounts, and email addresses.
Bank account information, wallet addresses, transaction dates and times, transaction types, deposits, withdrawals, transaction quantities, and coin types.
The ATO anticipates collecting records related to approximately 700,000 to 1,200,000 individuals and entities each financial year.
This initiative builds on the ATO’s existing data-matching program, which started in 2019.
The program involves the collection of bulk records of purchase and sale information from cryptocurrency service providers, aimed at identifying potential tax liabilities.
The ATO’s heightened focus on data collection stems from concerns about capital gains tax (CGT) evasion.
In Australia, cryptocurrency assets are treated as CGT assets.
The ATO acknowledges that the complex and innovative nature of cryptocurrency can lead to genuine misunderstandings regarding tax obligations.
The new requirements are designed to address these issues by increasing transparency and ensuring that taxpayers accurately report their cryptocurrency transactions.
By acquiring detailed transaction and identification data, the ATO aims to better track and enforce CGT liabilities.
Businesses providing Digital Currency Exchange (DCE) services in Australia are already subject to reporting requirements under the anti-money laundering and counter-terrorism financing (AML/CTF) regime, overseen by the Australian Transaction Reports and Analysis Centre (AUSTRAC). These businesses must comply with stringent data reporting and record-keeping standards to prevent illicit financial activities.
The ATO’s new data collection measures add another layer of responsibility for cryptocurrency exchanges, further integrating tax compliance with existing AML/CTF obligations. This dual compliance requirement underscores the importance of robust internal data management systems and thorough understanding of both tax and AML/CTF regulations for DCE providers.
The ATO’s enhanced data collection is likely to result in increased scrutiny of cryptocurrency transactions, making it essential for individuals and entities engaged in cryptocurrency activities to maintain accurate records and fully understand their tax obligations.
Given the potential for genuine misunderstandings about tax obligations in the crypto sector, there may be an increased need for educational initiatives to help taxpayers navigate the complexities of cryptocurrency taxation.
Cryptocurrency service providers will need to adopt robust compliance strategies to manage the additional data reporting requirements. This includes ensuring that all client and transaction data is accurately captured and reported to the ATO.
If you have any queries about this article on Australia and Crypto Exchanges, or Australian tax matters in general, then please get in touch
Businesses that engage self-employed contractors, consultants, and freelancers should now reassess their commercial arrangements to ensure they meet the requirements for tax and employment purposes.
In May 2024, the Irish Revenue Commissioners released a guidance note detailing the factors to be considered in determining employment status for tax purposes. This guidance, while focused on tax law, also impacts employment and social welfare considerations.
The European Parliament adopted the Platform Work Directive on April 24, 2024, introducing a presumption of employment for certain workers in platform work activities.
This legislative change underscores the ongoing importance of accurately determining employment status in both the gig economy and broader business contexts.
The new guidance follows a landmark decision by the Irish Supreme Court in October 2023, in The Revenue Commissioners v. Karshan (Midlands) Limited t/a Domino’s Pizza [2023] IESC 24.
We have covered this case previously on Tax Natives.
This case involved delivery drivers and fundamentally altered the analysis of employment contracts to determine whether an individual is an employee or self-employed.
The ruling has significant implications for businesses engaging individuals for personal services, whether as independent contractors, consultants, or freelancers.
The Supreme Court established five key tests to determine employment status, which the Revenue Commissioners’ guidance now elaborates on with practical examples from various sectors, including construction, IT, and professional services.
This test examines if there is an agreed rate for services provided, whether hourly, daily, or linked to specific deliverables. The nature and arrangement of any payment are crucial factors.
This test differentiates between individuals providing services personally and those who can delegate the work to others.
The level of control the contractor has over how the work is performed is a fundamental factor. The presence of control is also critical under the Platform Directive for determining employment status.
After passing the first three tests, all facts and circumstances of the relationship must be considered, including:
The specific wording of relevant statutory regimes or legislation must be considered, as different laws may confer different rights.
For example, being taxed under the PAYE system does not automatically grant employment rights.
The Supreme Court’s decision and the Revenue guidance note clarify that transferring between taxing regimes for a tax benefit does not constitute abusive tax avoidance. Structuring one’s affairs to fall within a particular regime is considered legitimate.
Businesses must now proactively review their commercial arrangements with self-employed workers. The guidance note provides detailed examples to help businesses apply these tests in various scenarios.
The Supreme Court ruling specifically addresses the Taxes Consolidation Act 1997 and does not automatically apply to other areas of law. The Revenue Commissioners emphasize ongoing engagement with government departments responsible for employment and social welfare status to ensure consistent application across different legal contexts.
The Supreme Court case and the Revenue Commissioners’ new guidance significantly impact how businesses should classify their self-employed contractors.
Businesses are advised to review and possibly restructure their current arrangements to ensure compliance with the updated requirements for tax and employment purposes.
If you have any queries about this article the Guidance Issued on Employment Status, or Irish tax matters in general, then please get in touch.
The IRS annually publishes the “Dirty Dozen” list to alert taxpayers about common tax scams.
The 2024 edition underscores both enduring and novel threats, emphasizing the sophistication of tactics used by scammers to mislead taxpayers and steal sensitive information.
The 2024 list shows a significant shift in scam tactics, with an increased focus on online and digital methods, reflecting broader societal shifts towards digital financial interactions.
Phishing remains a primary concern, with new twists on scams emerging each year.
Taxpayers are advised to remain vigilant, especially during tax season.
Unsolicited emails, texts, or calls should be treated with suspicion.
Official IRS communications will not demand immediate payments or threaten legal action without prior notification.
If you have any queries about this article on the IRS Dirty Dozen, or other US tax matters, then please get in touch.
The Common Reporting Standard (CRS), initiated in 2017, has significantly enhanced HMRC’s ability to track overseas financial assets and income.
This article explores the implications of HMRC’s “nudge” letters, which prompt UK taxpayers to verify their offshore tax affairs.
Under the CRS, most countries, including traditional tax havens, now exchange information with the UK.
This global initiative aims to combat tax evasion and reduce non-compliance.
HMRC receives detailed annual reports from participating countries about UK taxpayers’ offshore assets and income.
Since 2017, HMRC has been sending “nudge letters” to taxpayers. These letters inform recipients that HMRC has data suggesting they may have undeclared overseas income or gains taxable in the UK.
The letters ask taxpayers to either declare additional tax liabilities via HMRC’s Worldwide Disclosure Facility (WDF) or confirm that there are no undisclosed liabilities by signing a declaration certificate.
A response is typically requested within 30 days.
While there is no legal obligation to respond within 30 days or sign the declaration, ignoring these letters can lead to a formal investigation.
It is crucial for taxpayers to seek professional advice before responding to minimize the risk of an invasive investigation and potential penalties.
Determining tax liabilities can be complex, especially for individuals who may not have been UK residents or domiciled for tax purposes.
Non-UK residents are not required to report overseas income in the UK.
However, UK residents are taxed on their worldwide income, which can lead to misunderstandings and non-compliance.
Penalties for undeclared taxes are calculated as a percentage of the “potential lost revenue” (PLR) and can range from nil to 200% or more.
Factors influencing the penalty include the behavior causing the non-compliance, cooperation during the investigation, and whether there was a “reasonable excuse” for the failure.
HMRC’s “nudge” letters serve as a reminder for taxpayers to review their offshore tax affairs. Professional guidance is recommended to navigate the complexities of tax compliance and avoid potential pitfalls.
If you have any queries about HMRC nudge letters, or UK tax matters in general, then please get in touch.
If you’ve received an HMRC ‘nudge’ letter or wish to regularize any undisclosed offshore income, you may need to make a disclosure using HMRC’s Worldwide Disclosure Facility (WDF).
Here’s what you need to know about the WDF and how we can help bring your tax affairs up to date.
The Worldwide Disclosure Facility (WDF) is an HMRC digital service that allows taxpayers to disclose offshore non-compliance related to their overseas interests.
This service is available to individuals, companies, and trustees, including non-UK residents.
Under the Common Reporting Standard (CRS), HMRC receives financial information from over 100 countries to check against the declarations made by UK taxpayers, identifying potential offshore non-compliance.
Examples include inaccuracies in filed tax returns or failure to notify chargeability to tax, leading to undeclared offshore income, profits, and gains.
By making a disclosure through the WDF, you maintain control over the process and are likely to reach a settlement quicker than if HMRC were to open an investigation. You determine the potential lost revenue, the behavior leading to non-compliance, and the level of tax-geared penalties.
An HMRC ‘nudge’ letter prompts taxpayers to review their UK tax affairs in relation to their overseas interests and correct any irregularities by submitting a WDF disclosure.
Do not ignore the letter. HMRC likely has information about your offshore interests and suspects irregularities in your UK tax affairs.
Consulting an expert is crucial in determining offshore non-compliance.
We assist our clients by reviewing their onshore/offshore tax affairs, advising on the best response to the HMRC ‘nudge’ letter, and determining if a disclosure is required.
No. However, HMRC typically contacts individuals or businesses when it has information suggesting issues with their tax affairs. Our tax investigation specialists can help identify any irregularities and disclose them via the Worldwide Disclosure Facility.
It’s not necessary to report income or gains that:
Reviewing past tax years may uncover potential tax reliefs previously overlooked. A full disclosure to HMRC via the WDF could potentially result in a net repayment if you’re still in time to claim such reliefs.
Inform HMRC of your intention to make a WDF disclosure as soon as you become aware of tax owed on any offshore income or gains.
Individuals can make a disclosure about their own taxes, their company’s taxes, a trust or estate, or on behalf of someone else. We can help you make a disclosure statement for yourself, your business, or other income-generating entities.
Disclosures detailing offshore liabilities must include:
Notify HMRC of your intention to make a WDF disclosure. HMRC will confirm receipt and issue a disclosure reference number (DRN) within 15 days. Registering unprompted by HMRC intervention protects your ‘unprompted’ status, meaning potentially lower penalties.
Submit the WDF disclosure within 90 days of HMRC confirmation and receipt of the DRN. Include:
Payment must be made at submission, unless a time-to-pay arrangement is agreed with HMRC.
To encourage disclosures, HMRC introduced the Requirement to Correct (RTC), giving taxpayers until 30 September 2018 to disclose.
Disclosures after this deadline for tax years up to 2015/16 are subject to Failure to Correct (FTC) penalties, which are significantly higher than standard offshore penalties but can be reduced through unprompted disclosure.
RTC harsher penalties apply unless you show a reasonable excuse for not disclosing by the 30 September 2018 deadline.
HMRC has stated circumstances that do not constitute a reasonable excuse, such as insufficiency of funds unless due to events outside your control, and reliance on another person unless reasonable care was taken to avoid the failure.
Voluntary disclosure of offshore income or gains via the WDF offers numerous benefits:
Specialists can argue for lower penalties based on full disclosure and cooperation with HMRC.
Experts navigate behavior categories and associated time limits, minimizing unnecessary tax, interest, and penalties.
WDF doesn’t offer immunity from prosecution. Disclosures involving tax evasion and fraud should be handled via the Contractual Disclosure Facility or Code of Practice 9.
If you have any queries about HMRC Worldwide Disclosure Facility (WDF), or UK tax matters in general, then please get in touch.
In a concerning development, on April 12, 2024, the Internal Revenue Service (IRS) began notifying numerous taxpayers about a significant data breach.
This breach, which spanned from 2018 to 2020, involved the unauthorized disclosure of sensitive tax return information by Charles Littlejohn, an independent contractor working for the IRS.
This information pertained primarily to high-net-worth individuals and their associated entities.
Charles Littlejohn disclosed these confidential details to ProPublica, which subsequently published them in a series of exposés.
These publications laid bare the financial intricacies of several high-profile taxpayers, sparking widespread concern about privacy and data security.
In January 2024, Littlejohn was sentenced to five years in prison after pleading guilty to unauthorized disclosure of tax return information.
Four years post-breach, the IRS has commenced the process of notifying affected taxpayers about the potential repercussions and their rights, including possible steps they might consider to protect their financial identity.
Under I.R.C. § 6103, it is illegal for any officer, employee, or affiliate of the U.S. or any local law enforcement agency to disclose tax returns or tax return information without authorization.
This law covers a broad array of information, including a taxpayer’s earnings, deductions, liabilities, and even their involvement in any investigations or audits.
Violations of these provisions can lead to severe civil and criminal penalties, ensuring the confidentiality of taxpayer information is maintained strictly within legal bounds.
The IRS’s notification to the impacted taxpayers, referred to as Letters 6613-A, elaborates on the unauthorized disclosures linking them to the independent contractor’s illicit activities.
These letters also guide affected individuals on how to inquire further about the ongoing criminal prosecution and how they might engage with the provisions of the Crime Victims’ Rights Act.
Taxpayers receiving these notifications are advised to consider various protective measures to secure their personal and financial identity.
This includes obtaining an Identity Protection PIN from the IRS and monitoring their financial transactions and credit activity closely.
Additionally, the IRS suggests that these taxpayers could explore the option of initiating a civil lawsuit if they find substantial grounds for claims of unauthorized disclosure.
Despite the clear legal frameworks and the ongoing prosecution of Littlejohn, several questions remain.
These include the determination of whether Littlejohn could be considered as an IRS employee and whether the IRS itself could be held accountable for his actions.
Moreover, establishing the scope of damages and linking them directly to the breach poses a considerable challenge.
Affected taxpayers and related entities also need to consider their responsibilities towards investors or partners who might not have been directly notified by the IRS.
As the legal proceedings continue and taxpayers begin to assess their positions, the IRS’s data breach serves as a critical reminder of the importance of stringent data protection measures and robust legal strategies to safeguard taxpayer information.
Those impacted should take immediate action to protect their identities and consult with legal advisors to understand their rights and potential responses fully.
If you have any queries about this article on IRS data breach, or any other US tax matters, then please do get in touch.
The United Arab Emirates (UAE) Federal Tax Authority (FTA) has recently issued a comprehensive guide detailing the taxation policies for partnerships under the newly implemented Corporate Income Tax (CIT) regime.
This guidance is crucial as it clarifies how both incorporated and unincorporated partnerships will be treated for tax purposes, which has implications for numerous entities operating within the UAE.
From the perspective of the UAE’s CIT, legal entities that are incorporated, established, or recognized in the UAE are generally considered taxable persons.
However, the treatment of partnerships depends on whether they are incorporated or unincorporated:
The guide stipulates that individual partners of a fiscally transparent partnership may need to register for CIT depending on their specific circumstances.
For legal persons within the UAE who are partners in these partnerships, CIT registration is mandatory.
On the other hand, if an unincorporated partnership is considered fiscally opaque, it must register for CIT as it is recognized as a taxable person.
For tax purposes, deductible expenses for partners in fiscally transparent partnerships and for fiscally opaque partnerships are treated similarly.
Partners must account for their share of the partnership’s expenses in their taxable income.
Additionally, the guide highlights that transactions between related parties, including those involving partners of unincorporated partnerships, must adhere to the arm’s length principle to maintain compliance with transfer pricing regulations.
While incorporated partnerships based in a Qualifying Free Zone can benefit from the Free Zone Tax Regime if certain conditions are met, this benefit does not extend to unincorporated partnerships treated as taxable persons.
An unincorporated partnership, even if it operates a branch in a Qualifying Free Zone, cannot enjoy the Free Zone Tax benefits due to its non-legal person status.
The guide also addresses the treatment of foreign partnerships, stipulating that they will be considered fiscally transparent if they meet specific criteria such as not being taxed in their home jurisdiction, having partners who are individually taxed on their share of the partnership’s income, submitting an annual declaration to the FTA, and maintaining adequate tax information exchange arrangements with the UAE.
The FTA’s new guide on the taxation of partnerships under the UAE’s CIT regime provides vital clarification for entities navigating this complex area.
This detailed guidance is aimed at ensuring that partnerships and their partners are well-informed of their tax obligations and can plan their tax strategies effectively.
Entities involved in partnership structures in the UAE should carefully review this guide to ensure compliance and optimal tax handling under the new corporate tax environment.
If you have any queries about this article on UAE Clarifies Taxation of Partnerships, or UAE tax matters more generally, then please get in touch.
The German Federal Ministry of Finance (BMF) has issued detailed guidance on the new regulatory requirements for payment service providers under Section 22g of the German Value Added Tax Act (UStG).
This guidance comes in response to the need to strengthen measures against VAT fraud within the European Union.
The new rules, effective from 1 January 2024, emphasize the importance of maintaining records, reporting, and retaining information on cross-border payments.
Under the revised Section 22g UStG, payment service providers operating in Germany must keep detailed records of cross-border payments processed, provided they execute more than 25 transactions per quarter to the same payee.
These records are then transmitted to the Federal Central Tax Office (BZSt) and subsequently fed into the Central Electronic System of Payment Information (CESOP), a European database designed to monitor and analyze cross-border payment data to prevent VAT fraud.
The BMF outlines four specific obligations for providers under the new regulation:
The new rules apply to various entities, including CRR credit institutions, electronic money institutions, payment institutions, and postal giro offices that offer payment services in Germany.
The BMF clarifies that the regulation covers all payment transactions that result in the provision, transfer, or withdrawal of money, including those involving cryptocurrencies.
For a transaction to be considered cross-border under the regulation, the payer must be located in a European Union member state, while the payee could be in another EU state, an EEA country, or a third country.
Domestic payments within Germany and payments originating from third countries are not covered by these rules.
Payment service providers must submit the relevant data to the BZSt by the end of the calendar month following each quarter.
For instance, data for the first quarter should typically be submitted by the end of April.
However, the BMF has introduced a non-objection rule for the first report of 2024, extending the deadline to 31 July 2024, to allow providers adequate time to adjust to the new requirements.
Failure to adhere to the record-keeping, reporting, or retention requirements can result in fines up to EUR 5,000.
These sanctions underscore the seriousness with which the German authorities are treating compliance with these new regulations.
The BMF’s circular includes comprehensive resources such as a questionnaire focusing on the implementation details and a guidance paper that summarizes the GloBE Model Rules along with its commentary and administrative guidance.
These documents are designed to help payment service providers understand and implement the required changes effectively.
The implementation of these new regulations marks a significant step in Germany’s efforts to combat VAT fraud.
By ensuring that payment service providers maintain accurate records and report cross-border payment activities, the BMF aims to create a more transparent and secure financial environment.
Payment service providers are encouraged to review these new regulations closely, establish appropriate compliance mechanisms, and maintain diligent records to avoid penalties.
If you have any queries about these New Rules for Payment Service Providers, or German tax matters more generally, then please get in touch.
In a significant ruling, the Upper Tribunal (UT) has upheld a penalty against Kevin John Pitt for failing to take corrective action in response to a follower notice (FN) issued by HM Revenue and Customs (HMRC).
The case, referred to as K Pitt v HMRC [2024] UKUT 21 (TCC), serves as a critical reminder of the stringent requirements imposed by HMRC concerning tax compliance.
HMRC issued a follower notice to Mr. Pitt in 2016, based on the judicial ruling in Audley v HMRC [2011] UKFTT.
The FN identified that the tax avoidance arrangements Mr. Pitt had entered into, which involved the acquisition and disposal of loan notes and claimed a loss of £694,684, were similar to those previously ruled on.
HMRC contended that these arrangements did not warrant the claimed tax relief of £278,557.60.
When Mr. Pitt failed to amend his tax returns in line with the FN, HMRC subsequently imposed a penalty amounting to £83,547. This penalty was calculated based on a percentage of the tax advantage that had been incorrectly claimed.
Mr. Pitt challenged both the closure notice that denied his loss relief claim and the penalty at the First-tier Tribunal (FTT), but was unsuccessful.
He then escalated the challenge concerning the penalty to the UT, arguing that the FTT had erred by comparing evaluative conclusions and inferences rather than the primary facts of the Audley case.
The UT dismissed the appeal, affirming that the legislative intent required an analysis that extends beyond mere primary facts to include evaluative conclusions and inferences.
This approach aligns with the Ramsay principle, which advocates for a realistic view of facts in light of the legislative purpose.
The UT clarified that reconstituted facts, when construed purposively and realistically, are indeed facts and must be treated as such in the assessment of follower notices.
This ruling underscores the effectiveness and reach of the FN regime beyond just mass-marketed tax avoidance schemes.
It highlights the necessity for taxpayers to adhere strictly to the directives specified in FNs, especially when prior judicial rulings clearly delineate the bounds of permissible tax relief claims.
The decision of the UT provides crucial insights into the interpretation and application of laws related to follower notices and corrective actions.
While FNs have been controversial since their introduction about ten years ago, the UT’s detailed narrative and analysis offer valuable guidance for taxpayers who might find themselves subject to such notices.
The ongoing legal narrative around FNs and the responsibilities they place on taxpayers continue to evolve, and this decision is a pivotal addition to the existing body of case law.
Taxpayers and tax professionals alike should note the implications of this ruling, as it not only affirms the breadth of the FN regime but also reinforces the need for compliance with its requirements.
If you have any queries about this article on Upper Tribunal Upholds Follower Notice Penalty, or UK tax matters more generally, then please get in touch.
On 1st July 2023, Australia ushered in a comprehensive reform with the activation of the Foreign Ownership Register, under Part 7A of the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA).
This new register has absorbed and expanded upon the functionalities of previous registers maintained by the Australian Taxation Office (ATO), marking a significant shift in how foreign ownership of Australian assets is documented and regulated.
The Foreign Ownership Register amalgamates several previously separate registers into a unified system.
Notably, it encompasses the Agricultural Land Register and the Water Register, both previously under the 2015 Register of Foreign Ownership of Water or Agricultural Land Act (Cth) (Old Register Act), along with the register for foreign ownership of residential land.
However, registers pertaining to critical infrastructure assets and foreign media ownership remain independently managed by the Cyber and Infrastructure Security Centre and the Australian Communications and Media Authority, respectively.
The broadened scope under Part 7A significantly enhances the transparency around foreign investments in Australia, imposing new reporting and compliance obligations on foreign investors.
Among the critical updates are the requirements for notifying certain acquisitions of interests in Australian entities, businesses, and all types of Australian land.
From 1st July 2023, foreign persons must notify acquisitions of specific interests in Australian assets, including interests in entities, businesses, and land.
Notices for these acquisitions should be submitted within 30 days, except for registrable water interests, which have a 30-day window post-financial year-end.
If a holder of a Registrable Interest becomes a foreign person post-acquisition, notification is required.
Various changes, such as disposal of interests or significant modifications in the nature of the interest, necessitate notification within 30 days, with specific provisions for registrable water interests.
The introduction of the Foreign Ownership Register represents a pivotal step towards greater transparency and control over foreign investments in Australia.
By centralising and broadening the scope of reporting requirements, the Australian government aims to ensure that foreign investments are made transparently and responsibly, aligning with the national interest.
If you have any queries on this article on the Foreign Ownership Register in Australia, or Australian tax matters in general, then please get in touch.